POLICE COURT.

Colonist, Volume V, Issue 466, 11 April 1862, Page 3

POLICE COURT.

[Before J. Poyntee, Esq., Resident Magistrate.] Saturday, April 5. Arthur Elmsley was charged with unlawfully obtaining from Henry Hargreaves, butcher, the sum of £8. Henry Hargreaves sworn: Bought som- oigs from M'Donald (Elmsley's servant), at £8 <-\»h , paid prisoner the money. When I went down the beach I found that Elmsley had sold 'i-mn again; asked Elmsley and M'Donald for ~ <.■ money, but did not get it; have not yet re it. Elmsley spent the money in clothes, offered mo part of the money (10s.), but I v.. : > not accept of it unless I got the whole. Believe Winterburn had four and Stock one of the pi^* Remanded till Tuesday for further evi>. Bail allowed.

Monday, April 7. Peter ITruse, a German, seaman of the Miranda, was charged with desertion. Owing to the v.^-pl not sailing under the British flag, he was onii-red to be put on board again. Elizabeth Banks Southwell (under sureties) was charged with drunkenness, which she admitted.— Fined £1 and costs, or imprisoned for 48 hours. Benjamin Abbott was charged with attempting to commit a breach of the peace—Bound in £50 and two sureties in £25 each, for six months. To be locked up until the sureties were obtained. Tuesday, April 8. Arthur Elmsley was again brought up on remand. Mr. Kingdon appeared for the prisoner. Henry Haigreaves re-sworn : A man named Crowhurst first came to me about the pigs, and I immediately went down the beach on horseback to see them; as I was going down I met the prisoner who told me he wanted £8 15s. I then saw M'Donald, and agree J to give him £8 ; I paid the money to Elmsley in town, and both of us went, down to get the pigs delivered. When we got there M'Donald had sold them to Druitt ; prisoner seemed surprised at it, and said, ' Never mind, Harry, we'll have the pigs.' Druitt put him at defiance, and we went into Winterburn's. I demanded nothing for the trouble I had been put to. Prisoner did not lay down on the counter £8 in notes and 10s. in silver. For the defence Mr. Kingdon called.the following witnesses —

C. W. Crowhurst, sworn : Was sent by Elmsley to Hargreaves to inform him he had five pigs for sale—price, £8 15s; I saw the pigs and told M'Donald not to sell them until he had seen Hargreaves; saw M'Donald after that bartering with others for the sale of them. John M'Donald sworn: Was present when Elmsley told Crowhurst to go and tell Hargimves that he had pigs for sale. Elmsley left the wharf, before Hargreaves went down. Hargreaves saw them and said he would have the pigs for £8 ; I told him he should have them when he brought the money, and he said he would go tip the town, and come down and pay for them; after he left, Mr. Stock said he bought one of the pigs from prisoner, and went into the boat and took the pig out; he said Elmsley sold him the pig. Hargreaves came down, and meanwhile Druitt said he would buy two of the pigs, and no bargain was mad' for the whole of them. Hargreaves came down and demanded £2 for his trouble besides the £8 ; the money (£8 10s) was laid down on the counter which he refused to take unless he got £10; the' money consisted of a £5 note, two £1 notes, a sovereign, and four half-crowns. Cross-examined by Hargreaves: You told me had fined Elmsley for the pigs; the money was put down on the counter for you. John Cooper sworn: lam a printer, and reside at Mr. Winterburn's; was present when plaimiil and defendent had a dispute about some pigs ; saw the pigs being put into the sty when Druitt asked what he was doing with the pigs, he said ho would have the pigs or his money back; he wanted £2 for hi 3 trouble for running about. Prisoner ami M'Donald went out, and Hargreaves said he •■ < nld make something out of them or he would pun, ; in chokey. I saw Elmsley put some nolc:.; at.'.i i silver on the counter, but to what amount I cannot say. Mr. Hargreaves refused to take it. The Magistrate said there must be perjury cv, cv i on one side or the other, and in order to *'nn ' the ends of justice it was necessary to hn evidence of Messrs. Stopk and Druitt, he d, see that any of her Majesty s lieges should be tain- ■ pered with in the manner described. He thought 1

the munslify of Quern Chailotto Suund was nor so good as Nelson, and lie should remand the case until the fclloxvini!- <!u\ Bail accepted. John M'Donald w:;s charged with assaulting 11. Ihu^s'caves. Case ivnianih-.d till the following day.

vVIoi)NKS]>AY, Al>RlL 9. Jrf/uir Ltmslcj/ was again brought up on rmruiii;!. jb'ii.dei'ick Stock sworn : Bought: a pig last Fri< 3oy momir.gof i]m lulroner. ai>d M'Donald save v mo. out nf the b;r>*. G?:><■■■■•■<■ -;..v whet'in? ;■;■.■ v •■";! '■•'■'•' ';:<■',:) [>V-U. j.ilor OV f-.f".1!- i'.hf- Kak' wilit

■•■■*'■,' ■■•'» Huirsdav or ,'rtii. lor ■ ....:• .. ... 'i jo'i, as l>oUi nad . . .^ - ■ sill , " t; j.,.^ until after Einisley -.';ii io iuwu. lold Hargrcaves he could have two of the pigs if he thought proper. Ten shillings was offered for Hargreaves's lime; did not see any money tendered. I saw £6 on the counter and about £1 in silver. T. T. Cheeseman sworn : Was at Winterburn's on Friday last, and saw Hargreaves and prisoner there. There was a dispute about some pigs being sold to two different parties ; hsard Elmsley ask Hargreaves how much he wanted as a recompense; Hargreaves say that he could not afford to ride about on a horse for nothing. Saw M'Donald take some money out of his pocket, and give to Elmsley—a ,£5 note and some silver; understood that Elmsley was to pay him £8 beside the 10s. for loss of time. Hargreaves did not take the money. The magistrate said it was quite clear that the information was well laid. There had been no attempt to pay the £8, and he would not believe one of the witnesses that said there had; and so long as he sat upon the bench he would not allow any one to bo imposed upon, whether from the Sound or anywhere else. And if the money was at once paid into court, lie would not commit him, but he had had a very narrow escape. _ The money was paid into court, and the prisoner discharged.

J Ml-Donald wa3 brought up for assault. F. Stock sworn : Saw Hargreaves on horseback opposite my house—M'Donald had hold of the the horse's reins, and had one hand on the saddle. Did not notice any particular remark made by M'Donald to Hargreaves. Was called by Hargreaves to witness that M'Donald was interrupting him; Hargreaves was sober, and M'Donald was the worse for liquor. It was about four or five o'clock. Bound over to keep the peace for six months.